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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Mohd. Rizwan – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. petitioner's request for judicial relief (Para 1) |
| 2. petitioner's claims regarding vehicle detention (Para 2) |
| 3. court's inquiries into authority of respondent no. 5 (Para 3 , 4) |
| 4. understanding of rule 69 (concession rules) (Para 5 , 6) |
| 5. validity of e-challans issued (Para 7 , 8) |
| 6. petitioner's offer to comply with penalty (Para 9 , 10 , 11) |
| 7. order on writ petition outcome (Para 12 , 13) |
JUDGMENT :
Manoj Kumar Gupta, C.J.
1. The present Writ Petition has been filed, praying for the following reliefs :-
“i) Issue a writ of certiorari quashing the impugned Vehicle Challan No.VC6700001044 dated 10.3.2026, Vehicle Challan No.VC6700001045 dated 10.3.2026 and Vehicle Challan No.VC6700001046 dated 10.3.2026 issued under the authority of Director of Geology and Mining of Uttarakhand (contained as Annexure No.1 to this writ petition).
ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to release the vehicles of the petitioner confiscated by the impugned Vehicle Challan No.VC6700001044 dated 10.3.2026,Vehicle Challan No.VC6700001045 dated 10.3.2026 and Vehicle Challan No. VC6700001046 dated 10.3.2026.”
2. The case of the peti
Contractors authorized under mining rules can issue e-challans for overloading, validating the enforcement actions taken when regulations are contravened.
The judgment clarified the legal requirements for transporting minor minerals and the consequences of non-compliance with the Haryana Minor Mineral Concession Rules.
A valid challan for mining activities protects the holder from claims of illegal mining, provided they comply with the terms of the challan and the circumstances leading to any delays are justifiable....
Confiscation of vehicles requires a competent court's order based on a written complaint, not an FIR; statutory procedures must be followed.
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